Nebraska will continue to press its case against the Obama Administration school transgender ruling, despite a ruling in Texas favorable to its position.

A federal judge in Texas ruled the Obama Administration exceeded its authority in ruling schools must allow transgender students to use whichever bathroom they choose. U.S. District Judge Reed O’Connor issued a 38-page order which stated federal agencies exceeded their authority under the 1972 law which bans discrimination based on sex in schools. His injunction against the rule taking effect nationwide.

Nebraska filed a separate lawsuit against the ruling.

Attorney General Doug Peterson says he is still waiting for the Justice Department to respond to the Nebraska challenge filed in federal court here.

“We’ll continue to go with our same plan of a preliminary injunction and asking the federal court here in Nebraska for basically the same type of ruling,” Peterson tells KFAB Morning News.

Peterson considers the Texas ruling good news, but he eyes warily another ruling. A federal judge in Virginia sided with the administration. That case actually was working its way up to the U.S. Supreme Court.

“And the Supreme Court did something somewhat unusual,” according to Peterson. “They said we’re going to put all of this on hold until we get a full court and so they stayed the action in the Fourth Circuit. Now, the Fifth Circuit is about to consider it and eventually we believe the Eighth Circuit will consider our case.”